Our client’s mother took herself to hospital at 25 weeks gestation complaining of abdominal pain. Despite being in hospital for 3 days, there was a failure to properly assess her, or identify the risk of her going into premature labour until some 40 minutes before delivery took place. It was only at this point that the mother was given a single (partial) dose of corticosteroids.
Maternal corticosteroids are typically given in cases of threatened premature labour to help protect the baby against the risk of neurological injury due to prematurity, including problems with breathing, bleeding in the brain and developmental delay. Our client, known as “DFG” suffered complex and severe neurological injury and it was times unclear whether she would survive. Her injury resulted in lifelong physical and cognitive disabilities.
Initial concerns
DFG’s family initially approached Moore Barlow with concerns about her neonatal management, but following review of the records, independent expert evidence was obtained which supported a claim for negligence on the basis that the risk of premature labour should have been, but was not, appreciated and importantly, that steroids should have been given at an earlier stage to help protect DFG in the event that premature delivery took place.
Whilst it was accepted that the extreme prematurity of DFG’s birth carried a risk of neurological injury, the crucial question here was were her injuries the result of negligence or prematurity?
A claim was set out with a view to securing accountability and compensation for DFG so that she could be provided with the long-term care, therapies, and housing support she would require for the rest of her life.
A strongly contested claim
Although the Defendant admitted breach of duty, it vigorously denied factual and medical causation, asserting that DFG’s mother would only have received a partial dose of corticosteroids, and that DFG’s injuries would have occurred due to her prematurity in any event.
Following this partial admission, the Defendant was invited to a settlement meeting, but they declined so Moore Barlow issued formal legal proceedings to proceed with the claim.
Progress of the claim was first delayed by the Defendant seeking additional expert evidence, then by the Defendant’s delays in exchanging expert medical evidence, and their subsequent reluctance to accept key factual concessions made by their own experts once their evidence had been served and questioned.
Moore Barlow utilised specific legal mechanisms such as Part 18 Requests and Part 35 Questions to scrutinise and challenge the Defendant’s position following exchange of expert evidence, and had to threaten a Court application before the Defendant eventually agreed with its own experts’ evidence that with appropriate management, DFG’s mother would have received a full course of steroids prior to delivery. Once this point was conceded, discussions between the experts revealed significant agreement that the severity of DFG’s injuries would probably have been avoided had her mother received appropriate management.
The outcome
Despite the Defendant’s resistance and delays, the case ultimately resulted in a highly favourable outcome for DFG. After extensive legal and expert engagement, the Defendant accepted a Part 36 offer from DFG, agreeing to accept 97.5% liability for her overall condition.
This liability settlement has now been formally approved by the Court, allowing the case to focus on an assessment of DFG’s compensation – this will be resolved at trial in October 2025 in the event that the parties are unable to reach agreement on the financial extent of the claim.
In the meantime, Moore Barlow successfully secured interim payments to compensate DFG’s parents for past care and to fund initial case management services. These resources have enabled DFG’s family to start implementing structured support at home. Once a definitive settlement is achieved, it will allow DFG and her family to move into more suitable accommodation and receive the comprehensive lifetime care that is required.
Although DFG was 17 years old at the time of settlement, her day-to-day functioning remains equivalent to that of a two-year-old, making her support absolutely vital.
After 17 years of pain, frustration, and uncertainty, this victory feels like a long-awaited breath of fresh air. The journey has been difficult, but we thank God for this outcome which gives us hope that our daughter will get the support and care required to make her life better.
We want to express our deepest gratitude to our Moore Barlow team led by Paul Kingsley, our leading counsel John de Bono KC, and the medical expert team for their unwavering dedication, compassion, and expertise throughout the entire process. We hope this case raises awareness of the importance of appropriate antenatal review, and the benefit of administering antenatal steroids in cases of premature labour.
Client’s mother
“I am delighted at this outcome for DFG and her family who have been so caring, considerate and focussed on DFG throughout this long-lasting and hugely contested claim. It was challenging to undertake initial assessment due to the complexity of her neonatal and subsequent paediatric management, but we obtained expert evidence in support of a negligent failure to appropriately administer maternal steroids and DFG’s neonatal and paediatric neurology experts were clear that this would have made a difference to her outcome.
Although the Defendant was not prepared to negotiate the possibility of an earlier resolution of the claim, either by way of a pre-action settlement meeting (which we proposed in summer 2022) or during the conduct of the claim itself, DFG’s position grew in strength as the claim evolved. We were determined to press hard to achieve the best outcome for DFG and her family and the timing of the inevitable liability agreement means that we are now confident of securing sufficient funding for DFG’s lifetime needs and resolving her claim on a definitive basis within the next 6 months.”
Paul Kingsley, Senior Associate
Conclusion
This case powerfully illustrates the challenges that families have to face when pursuing a claim for medical negligence and the extent to which a Defendant may seek to avoid liability. The issue of premature outcomes has developed over time and whilst prematurity does carry a risk of injury, given the particular facts in this case, DFG’s position strengthened as the case progressed, eventually overcoming considerable resistance and securing a strong liability settlement. The 97.5% liability agreement reflects not only the strength of DFG’s evidence but also demonstrates Moore Barlow’s effectiveness in holding the Defendant accountable. This result will ultimately provide DFG and her family with access to the care, equipment, therapies and housing necessary to improve her quality of life and provide security for her future.
How Moore Barlow can help
Claims involving extremely premature deliveries can be challenging and they are always fact specific, but Moore Barlow’s dedicated, strategic, and expert-led approach enabled them to succeed in this hard fought claim, which underscores the importance of timely recognition of the risk of premature labour and the administration of neuro-protective medication such as corticosteroids to help avoid neurological injury.
